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Mark Foster

Administrative law Attorney at Austin, TX

5.0   10 reviews

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About Mark

Learn Mark’s areas of practice.

3
Practice areas
  1. Administrative law
    50%
    Representation provided to individual licensees such as architects, CPAs, nurses, physicians, engineers, HVAC installers, psychologists and mortgage loan officers as well as regulated businesses such as telecom providers, retail electric providers, and nursing homes. Services provided include regulatory compliance, contested case hearings, rulemaking comments, and settlement conferences. Mark has been Board Certified by the Texas Board of Legal Specialization in Administrative Law since 1990.

    41 years

  2. Telecommunications
    30%
    Services provided to CLECs, VOIP and wireless carriers across the US for regulatory matters before state utility commissions and the FCC as well as vendor contracts, disputes with ILECs, acquisitions, and business start-ups. FosterLaw negotiates interconnection and commerical agreements and advises on regulatory compliance including privacy rights and disability access. Mark provides strategic planning to evaluate new markets and and increase profitability.

    35 years

  3. Energy and utilities
    20%
    FosterLaw has the experience, skills and resources to provide legal support for clients in many situations, such as the following: state commission certification and regulatory compliance; negotiation of vendor agreements; evaluation of franchise agreements; negotiation of power supply and energy agreements; and preparation of agency/marketer agreements. Retail electric providers (REPs) are represented in regulatory compliance matters, audits and enforcement cases.

    35 years

Mark Foster left state government in 1990 in order to represent businesses and individuals before regulatory agencies and licensing boards. He has been Board Certified in Administrative Law by the  Texas Board of Legal Specialization since 1990, and has over 30 years' experience practicing Administrative Law in various capacities, including as Administrative Law Judge, state agency counsel and hearings examiner. 

Mark has experience representing clients in contested case hearings, rulemaking, appeals of agency decisions to appropriate courts, settlement negotiations, open records requests, open meetings compliance and declaratory judgment actions against government agencies. Mark's skills have been further enhanced through service as an Administrative Law Judge and hearings examiner for the Texas Medical Board, the Structural Pest Control Board, the Texas Health Facilities Commission and the Texas Guaranteed Student Loan Corporation. As a lobbyist before the Texas Legislature, Mark has used his administrative law background and reputation to enhance legislators' understanding of complex regulatory issues. 

At the heart of successful public policy work is a network of relationships. Mark Foster has been a visible presence within the Austin legal community for over thirty years. In that time, he has developed legislative and administrative relationships in many different areas, from the Texas State Capitol to state agencies to private regulated professionals and businesses. Mr. Foster has lobbied for various interests, such as trucking deregulation, electric utility competition, nursing home administrators and telecommunications.  

He has considerable experience in group representation through advocacy for associations such as the Texas Association of Business and Chambers of Commerce, the Truck Renting and Leasing Association and the Texas Association for Competitive Transportation. Mark has incorporated and served as general counsel for the Texas Association of Licensed Facility Administrators (nursing home administrators) and the Texas Independent Movers Association (small household goods movers). Mark has organized over a dozen competitive local exchange companies into client groups to arbitrate for new interconnection terms with incumbent providers in order to maximize effectiveness and lower costs to individual participants. 

Mark served as former Special Counsel to the Public Utility Commission of Texas where he provided legal assistance to the Commissioners and Executive Director regarding utility regulation, administrative law, legislative matters, open meetings and open records. Mark also served the Railroad Commission of Texas as a Hearings Examiner in the Transportation Division and later as head of the Gas Utilities/LP Section of the Legal Division. At both the PUC and the Railroad Commission, Mark provided legal counsel on employment law and litigation matters.

Licensed for 40 years
State TX
Status Eligible to Practice in Texas
Acquired 1982
Updated 10/23/2022

We have not found any instances of professional misconduct for this lawyer.

Contact Mark

FosterDanowsky, LLP
904 West Avenue, Suite 107
Austin, TX, 78701

Reviews

5.0 / 5.0
  10 customer reviews
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Posted by Mark | October 10, 2017
This review is from a person who hired this attorney.
| Hired Attorney
A firm that practices Professionalism and Integrity
Mark and his staff has handled two legal issues for me, one was before the TDLR Licensing Board, which resulted with great success, but even more so, with integrity. After having served deferred adjudication, I was certain asking for a renewal with the TDLR was a waste of time. However, Jason, Mark and Matt, expertly guided me through the process to have my license renewed with the TDLR and was very successful with their efforts. They were very frugal with my retainer as well and even refunded me the unused portion (unheard of in many firms !!) It was for this very reason that I went back to the Foster Law Firm to form my LLC and Investigations business. I highly recommend the Foster Firm for two reasons, Professionalism and Integrity !!
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Posted by Bill | January 30, 2016
This review is from a person who hired this attorney.
| Hired Attorney
Engineer's lawyer
Mark and his team saved me, my family and my clients from a horrific ruling by the Engineering Board. 10 years ago I screwed up and wound up being convicted of a state jail felony. The Board was notified at the time, I served my sentence and restarted my life and career on a much better path. I thought it was behind me. When I submitted the criminal background check to the Engineering Board like I had done for other licenses a couple of years earlier I really didn't think much of it until I got a letter from the Board saying they had no record of my notification. One lesson I learned from my earlier experiences, get a good lawyer. I researched and make a short list of three and contacted all of them. Mark actually called me himself from Canada while he was on vacation. He seemed very knowledgeable and really listened. The other guys I contacted were quoting me prices while Mark was telling me about the process. Mark told me what they would be doing what the next steps would be for different scenarios and didn't sugar coat it. As an engineer I really appreciated his approach. You always need to know the scenarios and be able to discuss the what ifs. Mark really impressed me. I have dealt with many attorneys over the years both professionally and personally. Impressing me is no easy feat. So I hired Mark and his team. They prepared the response and everything seemed to be going okay and we had an open dialog with the Board. Then I get the call. The Board revoked my license retroactively for 10 years and I had to shut down my Firm since I was the only licensed engineer on staff. No hearing, just done. I was stunned, how could the board do this, what about all my work for the past 10 years, now technically not done by an engineer, my professional liability insurance would be vacated meaning no protection for me or my clients, my firm could not finish all the work we had under contract, how would I provide for my family?? I felt my entire would was collapsing in on me at that moment I couldn't even finish the phone conversation. I managed to get out I will have to call you back and I hung up. After I composed myself I called back and asked a single question "What can we do now? There is no way I can let this stand." We discussed the options and I told them what I wanted to do. We took the Board to District Court to get a temporary restraining order and get their ruling overturned. In short order we had the Board in district court and got the restraining order and a favorable ruling by the Judge who also indicated the Board would not win in the formal hearing. At that point we entered into a negotiated order where my licensed was revoked and then immediately reinstated with the same number. Something that had not been done before. There were many issues in my case from the initial notification being lost or not recorded, my father, who made the notification, was deceased and could not testify about making the notification, changes in the notification process the Board was initially ignoring, the hard line the Board was taking, misinterpretations of the board rules, the history of the rule changes, showing the Board how it could do what we thought was fair, and other things. Through it all, Mark and his team truly listened to me. One thing in particular they didn't understand at first was why it was important to me to keep my license number even if it was revoked and I was immediately able to be licensed again. By truly listening to me they understood how important that was to me. It took some doing, but with my particular circumstances they were able to show the board it was possible and then made it happen knowing how important it was to me. I watched other engineers without lawyers getting hammered at the Board meetings I attended and was so thankful I had hired Mark or I would have been hammered too. To all other engineers that need help, be smart, hire a good lawyer. Mark is a good lawyer!
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Posted by RickBoone | April 18, 2015
Failure without Foster Law
I came to Foster Law with the most egregious of professional histories and a series of failures to have the pertinent licensing agencies offer me another opportunity to be licensed. With the help of Mark, Sara (his previous colleague), and Jason (Mark's current associate), I was able to meet and negotiate with the licensing board and then, through my own and Foster Law's diligent efforts, I become not only licensed, but independently licensed. I am now on the cusp of returning to a clinical practice that will permit me to flourish as a professional and help a few folks along the way. I have no doubt whatsoever that I would never have made it this far without the expertise and concern of Foster Law. I should add that they have worked with me despite my very limited financial resources, and they NEVER even suggested that they would not continue to offer guidance and representation. There remain a few tasks to complete, but I feel confident that no matter what challenges await, Foster Law will navigate me through the process to a successful conclusion. I am very grateful for their sustained support and their outstanding performance in all aspects of the legal process.
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Posted by anonymous | April 9, 2015
Registered nurse
My experience with Foster law firm was not only a success but more importantly one of comfort. From day one when a spoke with Mr Foster on the phone he calmed me down and assured me his firm would take care of me. My collegues and other persona in my profession had reservations from pass situations which had been before the Texas Board of Nursing and were not favorable. All felt I was wasting time and financial resources. After two appeals, two denials, Foster law firm suggested an informal hearing with the BNE and one was granted. I was well prepared for the hearing and Mr Foster represented me as well. All two years of stipulations were removed and I received only a warning. As a nurse if you perform your duities as you should, document, doucemtn, document to cover yourself, you will come out fine. Thank God for revealing the truth and sending me Foster Law Firm to help display it.
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Posted by Nathan | March 5, 2014
Mark Foster's work for Nathan Nelson
I have utilized Mark as my attorney for two telecom related companies. Mark has been very successful in negotiating, raising or, resolving multiple put before the PUC of Texas between my corporation and AT&T. Additionally, Mark lead the efforts to allow me to start a new CLEC in Texas and New York. Mark is a very knowledgeable and trustworthy lawyer. He will continue to be my corporate attorney for as long as I am in the telecom business/industry. I would highly recommend Mark for all your Telecom needs in Texas.
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Posted by Pamela C | March 3, 2014
Tx SML
Mark Foster & his assistant Sara handled my case exceptionally professional. He attempted to settle out of court but was unsuccessful due to Commissioner's vacation. Mr. Foster was well prepared for trial. He presented my case really organized in a labeled binder to our opposition & the judge. This assisted me to organize my thoughts while at trial, which can be intimidating. His follow up after trial was consistent. We received favorable results!! I highly recommend Mark Foster & his team for loan originators up against TX SML & also for other legal matters.
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Posted by Brian | January 7, 2014
Legal issues of any kind, Mark Foster is my first phone call.
Mark has represented multiple firms on my behalf over the past 10+ years in both the telecommunications and deregulated energy industries. I have relied on his expertise and guidance in all regulatory, licensing and legal matters with regards to electric and telecom issues, from the formation and licensing of companies as well as contract negotiation, arbitration, mediation and dispute resolution. Mark is one of the most trustworthy, moral and ethical individuals with whom I have ever had the pleasure of working. With regard to work ethic, his work is accurate, precise and always on time (usually ahead of schedule). He is constantly looking out for the best interests of myself and my firm(s). As a client, he keeps me up to speed on changes in law, rules and regulations that affect my business. Mark is dependable and always quick to respond to phone calls and emails. Over the years I have known Mark, he has never once let me down. I am proud to know him as a colleague and as a friend. I highly recommend Mark Foster.
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Posted by Byron | January 6, 2014
Superior legal services in regulated telecom and energy industry
I have been working as a client with Mark Foster in the telecommunications industry for over a decade. His firm excels at understanding complex regulated industries, PUC rules and rule makings, regulated contract negotiations with telecommunications and electric utilities, mediation, arbitration, establishing corporations, partnership arrangements and bi-laws. I also highly recommend this firm for swift mediation\arbitration resolutions to partnership and vendor conflicts. Superior legal service with extremely high integrity. Highly recommended.
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Posted by Randy | January 6, 2014
I had Quit My Job of 18 Years to Take a Job that Required a License From The State and They Wrongfully Denied Me.
Mark wasn't the first attorney I had contacted, as a matter of fact I was about to give up on hiring an attorney because all I seem to get was an attitude that my case wasn't important enough for them to get involved any deeper than writing a letter. The cost for a letter and some fake empathy, $1000.00. Mark on the other hand listened to everything I had to say, gave me the facts of the case as they related to me, sent me a copy of the agreement, answered questions about the agreement and I hired him. He always took my calls, or returned my calls quickly, he responded to all of my emails quickly, he listened to me complain and vent and calmed me down and he was successful in getting my case resolve in my favor. Someone up above was looking out for me when they put Mark Foster in my path and I am very grateful.
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Posted by Rick Boone, Ph.D. | December 20, 2013
Legal Services with a Human Touch
Mark and his staff expertly handled, and continue to assist me with, a complex legal matter. He is unfailingly gracious and generous with his time. What's more, his efforts bring results. Perhaps the most astonishing thing is that he did not pressure me for payment at any time. He worked with me to establish a payment arrangement that permitted me to attend to other financial obligations as well as the one I had to him. I consider myself extremely fortunate to have chosen him for the work he's done.
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Cost

Rates
  • Free Consultation 30 minutes
Payment methods
Cash, Check, Credit Card

Resume

AVVO RATING 9.9 (Superb)

Work Experience

  • Founder
  • FosterLaw and predessor firms
  • 1990 - Present
  • Special Counsel
  • Public Utility Commission of Texas
  • 1988 - 1990
  • Attorney and Hearings Examiner
  • Railroad Commission of Texas
  • 1985 - 1988
  • Associate Attorney
  • George & George
  • 1982 - 1985
View all work experience

Education

  • University of Texas School of Law
  • JD - Juris Doctor
  • 1982
  • Texas Tech University
  • BS - Bachelor of Science
  • 1979

Legal Cases

  • Psychologist v. Texas State Board of Examiners of Psychologists
  • Case won; Psychology Board reversed.
  • Registered Nurse (RN) v. Board of Nursing (BoN)
  • Client keeps license with a warning only.

Associations

  • Texas Chapter of Federal Communications Bar Association
  • Co-chair
  • 2017 - Present
  • NALA/PCA
  • Member
  • 2008 - Present
  • Texaltel
  • Member
  • 2003 - Present
  • Austin Bar Association, Administrative Law Section
  • Member
  • 1990 - Present
View all associations

Languages Spoken

  • English

Honors and Awards

  • Peer Review Rated
  • Martindale-Hubbell
  • 2018
  • Certification in Administrative Law
  • Texas Board of Legal Specialization
  • 1990
  • Communications Award
  • Austin Lyric Opera
  • 1988

Speaking Engagements

  • Federal Communications Bar Association (FCBA) Texas Chapter - lunchtime seminar
  • Telecommunications Law Seminar
  • 2017
  • National Lifeline Association Annual Meeting
  • Lifeline Regulations
  • 2015

Attorney endorsements

Received (3)
Given (1)
Endorse Mark
Administrative law Attorney | Jan 28
Relationship: Fellow lawyer in community
"Mark is a highly skilled attorney with a wealth of experience in a variety of Administrative Matters. I endorse this lawyer."
Unknown Attorney | May 21
Relationship: Fellow lawyer in community
"Top-notch attorney. Highly respected in the legal community."
Administrative law Attorney | Mar 28
Relationship: Fellow lawyer in community
"I have known Mark Foster for many years, back from when we used to office in the same building. I got to know him on that basis and learned that he is a pro at administrative law. I have referred a number of clients to him for administrative law needs over the years and have all positive feedback. He's very personable and trustworthy and is my go-to lawyer in Austin for administrative law."
Administrative law